Uncontested Divorce With Children - Online Divorce
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Uncontested Divorce With Children

Divorce specialist Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

Uncontested divorces are more affordable and less time-consuming than traditional litigation. They are also more preferable when minor children are involved as the marriage dissolution inflicts less mental damage to all the participants.

However, the presence of children has additional issues to consider. In an uncontested divorce with children, the parents and the judges must ensure that the final decree is in the child’s best interests and contains the terms for custody, visitation, and child support.

Can you have an uncontested divorce with a child?

Uncontested divorce with a child is almost the same as a mutual agreement divorce. There are several differences. A settlement agreement for dissolution with kids also includes child custody and support.

It is available for couples who can negotiate and resolve their disputes outside court. In some states, they can even file their petition and other papers jointly.

Couples who cannot agree on all issues and have several unresolved minor disagreements can still avoid court trials. To proceed with an amicable dissolution, they can use mediation. It’s an alternative way to resolve marital issues during separation.

The cost of uncontested divorce with kids

The overall cost depends on whether spouses hire an attorney to draft their papers and represent the case in court. Since their hourly rate can sometimes reach $500, the cost of uncontested divorce with kids will likely rise to several thousand dollars.

But even so, it is still more affordable than a traditional contested divorce. Couples who cannot resolve their issues beforehand and file for divorce without a custody agreement will have to go through full-scale litigation, which is usually a pricy process.

The cheapest way to get a divorce with a child is to prepare all the documentation without the attorney’s help. In this case, the spouses will only need to pay the filing fees when submitting their papers to the court.

The biggest challenge is collecting and filling out the required forms correctly. Mistakes are common when spouses without legal backgrounds want to get a cheap divorce with kids and file no-fault papers independently.

For this reason, many of them get the paperwork from online resources or have a lawyer review them.

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How to file for divorce with kids

Different states have specific rules on how to file for divorce with kids. But one thing they have in common is the issue of jurisdiction. Every couple must meet the residency requirements of the state and county where they want to file their case.

For instance, one of the spouses must currently live in the area for a specific number of days or intend to continue living there after the final judgment. Additionally, the child custody proceeding is usually held in the location where the child lives.

Typical divorce proceedings start when a person files a petition (in some states, it is called a complaint) and other documents with the court. Along with the papers, the petitioner must pay a filing fee.

If there are no errors in the forms, the clerk will assign a number to the case. After that, a petitioner must give the other spouse legal notice and present the court with the proof.

There could be a waiting period for couples filing for divorce with kids before proceeding with the rest of the process.

Papers for uncontested cases with children

Divorce papers for couples with children include several standard forms and a few specific ones. The list below is not exhaustive:

  • Petition;
  • Summons, or waiver of personal service;
  • Parenting plan;
  • Child support worksheets;
  • A certificate confirming the completion of parenting classes;
  • The final decree, etc.

Some forms need to be filed at the beginning of the petition, while other documents can be turned in to the court later.

How to get a quick divorce with kids

An uncontested or “no contest” divorce with children is the simplest way to reduce the time needed to end a marriage and obtain a final divorce decree. A simple divorce with a child means that the spouses can agree about custody and child support issues and don’t need to go to trial.

Most of the time, an amicable divorce with a child doesn’t require a lawyer. It relieves the family from the financial burden of paying for legal representation.

However, even when the parents put all child-related terms into their uncontested divorce settlement agreement, it will not be automatically approved. Family law judges carefully review every provision with the child’s best interests in mind.

Typically, the spouses will need to attend an uncontested custody hearing before the case goes forward. If all custody matters were handled properly, a judge will approve the agreement and issue a final decree after a waiting period, if any.

How is child support determined?

Child support in uncontested divorce can be determined either by the parents or with the help of child support agencies. If the parents decide on the amount independently, they should use child support guidelines.

Each state has child support tables that courts usually use to assign child support payments. The basis of each table is parental income and the number of children.

The amount of support cannot substantially differ from that in the guidelines unless specific circumstances (such as disability) are considered.

Can you get a divorce without child support?

The family courts will not grant a divorce without child support. Both spouses have to support their minor children until they reach adulthood or become emancipated.

Typically, in couples with sole physical custody, only a non-custodial parent makes the support payments. The judges presume that a custodial parent already spends the financial resources for their children’s health, education, and other daily needs.

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How is uncontested child custody handled?

No court will issue a final divorce decree to spouses with children without child custody arrangements in place. Usually, couples pursuing uncontested divorce with kids file a joint parenting plan.

It is an outline of each parent’s responsibilities in raising a child after the marriage is over.

The judge will review the proposed parenting plan and decide whether it will create a healthy environment for a child.

A divorce agreement for couples with minor children should include:

  • Physical custody, which determines where a child will live;
  • Legal custody, which specifies who will make significant decisions about children’s well-being;
  • Visitation schedule;
  • Child support plan;
  • Provisions about resolving parental conflicts, etc.

How does child visitation work?

If a child lives with a custodial parent, the other non-custodial parent usually receives visitation rights to spend time with the child one on one. In amicable cases, both parents work on the visitation schedule together.

Since it is not always possible to split the time 50/50 between the parents, a child usually spends slightly more time with one of them than the other. The arrangements can also involve grandparents and other meaningful relatives.

It’s essential to create a visitation schedule that would work well for all family members, especially children. The parents should consider the child’s age, health, everyday activities, and the distance between parental homes.

The plan should cover:

  • weekdays and weekends;
  • holidays;
  • birthdays;
  • summer vacation from school, etc.

Some states, such as Texas, have standard schedules with rules on how many days a child spends with a non-custodial parent. But in most cases, visitation can be altered if both parents agree.

How we can help

Online Divorce is a trustworthy resource that helps prepare the necessary documents online if you decide to file for divorce yourself.

Instead of hiring an attorney to draft uncontested divorce forms, you can entrust your divorce paperwork to us and save lots of money on legal services.

We generate customized online divorce papers for spouses with a child according to state standards and particular circumstances.

The entire process is straightforward and is accompanied by detailed step-by-step instructions.

Clients can also contact customer support for clarification of specific issues. Note, however, that we cannot provide any legal advice on what decisions to make.

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